DC fires its lead attorney in the Heller case.

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F4GIB

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With the supreme Court brief due this Friday? Will they ask for a continuance?

http://extra.examiner.com/linker/?u...2008/01/02/AR2008010201116.html?nav=rss_metro

Acting D.C. Attorney General Peter Nickles has fired the city lawyer who had been preparing to defend the longtime District ban on handguns in the high-stakes Supreme Court case this spring.

Alan B. Morrison, on leave from Stanford Law School, who has argued roughly 20 cases before the high court, was asked to leave his post as special counsel by the end of this week, Morrison said today. Morrison had been hired by former Attorney General Linda Singer, who resigned two weeks ago, and put in charge of arguing the handgun case.

The city has appealed to the Supreme Court to maintain the handgun ban after a lower court overturned the ban in the spring. The high court agreed to hear the case, probably in March, which would mark the first time the Supreme Court has examined a Second Amendment case in nearly 70 years.

Singer cited frustration that Mayor Adrian M. Fenty (D) had relied more heavily on Nickles, who had been his general counsel, to make key legal decisions. Upon Singer's resignation, Fenty replaced her with Nickles, a former high-powered corporate litigator at Covington & Burling and friend of Fenty's family.

Nickles met with Morrison on Dec. 21, but did not tell him that he would be fired, Morrison said. Last week, Nickles asked Deputy Attorney General Eugene A. Adams to inform Morrison of his decision.

"I've been asked to tell you that Peter has decided that he will not be relying on you to make the . . . argument before the Supreme Court," Adams wrote in an e-mail to Morrison, which Morrison provided to The Washington Post. "It's a decision he's been wrestling with since you met with him last week. He thought it only fair that you be informed sooner rather than later."

Morrison had taken an active hand, along with a team of lawyers from the city and two private firms, in writing the 15,000-word brief that is scheduled to be filed with the high court on Friday. It is not clear whom Nickles will select to replace Morrison.
 
I may be wrong, but I think they will try to draw this out until well after the Presidential election hoping a Democrat will win and possibly change the balance of SCOTUS should any of the conservative justices retire. :mad:
 
It is not clear whom Nickles will select to replace Morrison.

You can bet they have somebody in the wings, but regardless, this doesn't sound good for their team. Sorry I can't wish them well in this endeavor.
 
may be wrong, but I think they will try to draw this out until well after the Presidential election hoping a Democrat will win and possibly change the balance of SCOTUS should any of the conservative justices retire.

Can't. The Supremes have agreed to hear it, they have to hear it by the end of their next session if I understand the rules right.

It's going to be heard, but always remember that the Supremes wrote exactly what questions they will look at, nothing more than that will be answered.
 
someone more familiar with legal procedure than me please explain how either side can stall the hearing of this case?...
 
I may be wrong, but I think they will try to draw this out until well after the Presidential election hoping a Democrat will win and possibly change the balance of SCOTUS should any of the conservative justices retire.
I don't think that is possible. I think if you take something to the Supremes, and they agree to hear the case, you had better be prepared to argue your case.

Pilgrim
 
Okay, I admit I don't know anything about your legal system, but is there anything stopping Mr Morrison from helping Heller's attorney, or whould that be wrong?
 
Click on the link and read the "Comments" section from the Post article. There's some pretty illuminating thoughts therein.
Fascinating watching DC politics in action.

Money, Ego and Power at play it seems.

Rights? (We don't care about those, you get the rights we give ya)

Singer... out. Nickles ... in. Singer hired Morrison. New broom cleans house now that the brief is ready (wonder what THAT cost the taxpayers?).

Ask for a Continuance? Wouldn't you?
 
You know, I was kinda thinking something along those lines myself.

"Sir, I can write a brief, but I don't think we're going to win ... Why? Because it obviously is an individual right, and our best strategy was to make sure it never got to this point ... Wha- Huh? What do you mean 'I'm fired'? Huh?"

Probably not, but fun to imagine.

Mike
 
Amazing---using tax dollars to take away rights from the people that paid the taxes. Should be pitchfork time in DC---too bad the residents don't have a clue---or a spine.
 
That's quite an interesting development considering that Acting D.C. Attorney General Peter Nickles has only held his position for a few weeks. I wonder if he's telling anyone sympathetic to the former AG to hit the road.
 
It is not unusual for there to be some squabbling over who will get the honor of making the oral argument to the Supremes. The written brief should be in the can and at the printer by now. Don't read too much into this.

Still, it's good to see the bad guys having trouble getting their act straight.
 
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This was just added to the article in the Post
David Vladeck, a professor at Georgetown Law School, said Morrison's departure would be a major blow to the D.C. team that has been preparing the case.

"This is a case that requires an unusual amount of preparation because one of the issues comes back to, 'What did those folks who wrote the Bill of Rights really mean when they wrote the Second Amendment,' " said Vladeck, who is friends with Morrison and had been consulting on the case. "In addition to needing a good lawyer and appellate advocate, you need someone who has immersed himself in very complex historical sources. Alan has been doing that for two or three months by now. Whoever takes over this case will start many, many, many laps behind where we ought to be."
 
"It is not unusual for there to be some squabbling over who will get the honor of making the oral argument to the Supremes. The written brief should be in the can and at the printer by now. Don't read too much into this."

Henry knows.
 
From the land of The Glenlivet and The Macallan, G36-UK asked...
Okay, I admit I don't know anything about your legal system, but is there anything stopping Mr Morrison from helping Heller's attorney, or whould that be wrong?
While I am not a lawyer, I'd imagine what you're suggesting would be an ethics violation at the very least. I doubt the Bar Association would look kindly on it. It would certainly tarnish his reputation which could hamper future prospects of employment.
 
The speculation I've heard is that they probably waited until the brief was written before sending him packing for political reasons.
 
"In addition to needing a good lawyer and appellate advocate, you need someone who has immersed himself in very complex historical sources. Alan has been doing that for two or three months by now. Whoever takes over this case will start many, many, many laps behind where we ought to be."

I'm crying in my beer right now. :rolleyes:

On a side note, is it common practice to fire people via email now?

I picked up on that also. What's worse, AG Nickles had someone else fire Alan Morrison - through e-mail no less. Talk about a lack of spine. If that's what we're up against we should be in pretty good shape. I hope.
 
texasrifleman

He was probably fired because he told them they were wasting their time

Thats the trouble with trying to fight an emotional issue. This case will be won on constitionality, not emotions.
 
Morrison had taken an active hand, along with a team of lawyers from the city and two private firms, in writing the 15,000-word brief that is scheduled to be filed with the high court on Friday

I have heard of double speak before, but 15,000 words of it is rediculous. I wonder how much money this team of lawyers syphoned off of the tax payers per word.
The e-mail thing is quite common now. They have a friend who needs a job and you where hired by the last guy so you are the first to go. This happened to me just before I decided to go back to school. Made the decision so much easier.
 
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